Hamdan v. Rumsfeld was a landmark case that drove the White House to finally bow down to the power of the legislature before screwing it into submission with the help of McCain (who managed to outlaw rape of prisoners but not of Congress). Throughout the affair, though I was shocked and upset by the White House’s arguments–that Bush had the inherent right to order torture and indefinite detentions–I was pleased to know that Hamdan was being represented by none other than a Pentagon appointed military lawyer, Lt. Cmdr. Charles Swift. When Swift prevailed, the fact that he was appointed by the US made even more of a difference. Hamdan was a case not only about the conduct of our soldiers and the limits of our courts, but also of the strength of our judicial system to withstand political pressures. Swift’s lawyering for “the enemy” was honorable and, if the Court’s decision is any indicator, fantastic.

Which is why it’s upsetting to see the Pentagon pass Swift over for a promotion. Eugene Fidell, president of the National Institute of Military Justice, said that Swift was ‘”a no-brainer for promotion,’ given his devotion to the Navy, the law and his client.” Based on the military’s system of promotions, that Swift didn’t get promoted means that he’s being forced to retire (via ACSBlog):

Lt. Cmdr. Charles Swift, 44, said last week he received word he had been denied a promotion to full-blown commander this summer, “about two weeks after” the Supreme Court sided against the White House and with his client, a Yemeni captive at the U.S. Navy base in southeast Cuba.

Under the military’s “up-or-out” promotion system, Swift will retire in March or April, closing a 20-year career of military service.

A Pentagon appointee, Swift embraced the alleged al-Qaida’s sympathizer’s defense with a classic defense lawyer’s zeal, casting his captive client as an innocent victim in the dungeon of King George, a startling analogy for the attorney whose commander-in-chief is President (George) Bush.

“It was a pleasure to serve,” said Swift, who added that he would defend Salim Hamdan again, even if he knew he would have to leave the Navy earlier than he wanted.

“All I ever wanted was to make a difference — and in that sense, I think my career and personal satisfaction has been beyond my dreams,” he said.

Swift, a Seattle University Law School graduate, also said he will continue to defend Hamdan as a civilian. The Seattle law firm of Perkins Coie, which provided pro-bono legal work in Hamdan’s habeas corpus petition, has agreed to support Swift’s defense of Hamdan in civilian life, he said.

The Seattle Times article doesn’t exactly suggest retaliation as the military’s motive, but it seems like Swift is effectively being fired for doing his job. I don’t feel that it is my place to weigh conclusively on military promotions, but this isn’t exactly inspiring. The strength that this country showed by giving Hamdan representation has been shattered barring evidence that Swift–who is only 44 and has been serving for 20 years–didn’t deserve a promotion. For a military defense attorney, I’m not sure how better to define duty than winning. This is disappointing.

One thing that I would be very interested to know is whether the White House had a hand in this. Did Rumsfeld or the President weigh in on Swift’s promotion? That would be political meddling with the armed forces and certainly scandalous. It would also fit in perfectly with the Bush-as-king White House. I’m just saying…

Further reading:

DemFromCT says its civil war in the GOP. Onward to 2008 when all firing squads are circular.


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